Military Spouse Need Advice in Filing N-400

[PINAYPIE]

Hello, everyone.

I am a permanent resident here in the US for the last 10+ years. I migrated here in the US with my parents and siblings last 1998. I actually just renewed my green card for another 10 years.

My husband, who is in active-duty military, told me that I should apply for my citizenship because it would be more beneficial for me. We have been married for 7 years and he is a naturalized American citizen.

Now, when I was trying to fill out my N400 form, I am quite confused about my "eligibility" because I can only check ONE and I want to make sure that I choose correctly:

*Yes, I have been lawfully living here the last 5 years (should I check this option?)
*Yes, I am married to a US Citizen the last 3 years (also true, but would checking this actually imply that I got my green card through him-- which is incorrect??)

Or should I check "OTHER" and put a note that says I am a military spouse who has been living here the past 5 years AND married to a US citizen?

{Also, I have just recently learned that if my husband is deployed, I am eligible for a fast-track naturalization. It would have been helpful to know this fact the last 3 times my husband was deployed. Unfortunately, I am not eligible for that right now since he is not currently deployed.}


Any kind of help, advice, or insight is greatly appreciated! Thanks in advance!!!!

 

[speakamericano]

If your parents became a citizen when you were under 18 then you might already be a citizen. If that's not the case, then you check the 5 year term. (It requires less paperwork as compared to the 3 year term as you have to collect a lot of tax transcripts/bank statements/etc. to prove your marriage is legit. 5 year term is a lot better.)

 

[Jackolantern]

*Yes, I have been lawfully living here the last 5 years (should I check this option?)
*Yes, I am married to a US Citizen the last 3 years (also true, but would checking this actually imply that I got my green card through him-- which is incorrect??)

No, people who got their green cards through means other than marriage can use the 3-year option if they've been married to a US citizen for 3 years.

In your case, you can choose either one. Generally, when you have both options available it is better to choose the 5-year rule, because the 3-year option involves them scrutinizing your marriage and having to submit much more paperwork. The 3-year rule is better only if you have a criminal incident or extensive travel abroad between 3 years and 5 years ago, so choosing the 3-year rule would give you a 3-year statutory period thereby putting the potentially disqualifying travel or conviction outside it.

Or should I check "OTHER" and put a note that says I am a military spouse who has been living here the past 5 years AND married to a US citizen?

There is no "other" in the law for that.

Also, I have just recently learned that if my husband is deployed, I am eligible for a fast-track naturalization. It would have been helpful to know this fact the last 3 times my husband was deployed.

To use that provision, you would have to accompany him abroad for at least a year when he's deployed (they don't expect you to stay with him in the combat zones, but you're still supposed to stay on a military base or some other location abroad according to certain criteria).

But that fast-track provision is usually of no advantage if you qualify with the 3-year or 5-year rules. It doesn't speed up the process itself, it only makes you eligible sooner than if you had to wait 3 or 5 years to apply.

My husband, who is in active-duty military, told me that I should apply for my citizenship because it would be more beneficial for me.

There are many benefits to US citizenship, but there are also downsides and responsibilities such as potentially losing your original country's citizenship (if they revoke citizenship when you become a US citizen), and jury duty.